Criminal Trespass Charges in Denver: Were you Really Trespassing?
All three of Colorado’s main Trespass and Trespassing charges have similar definitions and elements. Whether you are charged with Denver First Degree Criminal Trespass, Second Degree Criminal Trespass, or Third Degree Criminal Trespass (C.R.S. 18-4-502 to 504), only the type of property trespassed upon makes any real difference. So, let’s focus on the key elements common to these criminal charges – a couple of which are really important. We will focus on fields, and not improved land, houses and buildings.
Trespass and Trespassing Definition Elements in Arapahoe County
Each of our Arapahoe County Criminal Trespass and Trespassing laws contains the phrase “unlawfully enters or remains in or upon premises of another.” C.R.S. 18-8-201 provides the Criminal Trespass definition, “A person “enters unlawfully” or “remains unlawfully” in or upon premises when the person is not licensed, invited, or otherwise privileged to do so.” More on license below. What is Criminal Trespass?
Trespass Onto the Field of Another? Douglas County Signs and Fences, do They Matter?
Yes, signs and fences are very important for Douglas County Trespass and Trespassing charges in Colorado. Here is some important law from the C.R.S. 18-4-201 definition of “enters unlawfully” or “remains unlawfully,” part of our Trespass laws. It can make a huge difference in most Trespass charges of fields and unimproved real property, which happens from hunting or riding motorcycles in off road areas.
License to Enter and Not Trespassing in Jefferson County, Colorado
A person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person or unless notice forbidding entry is given by posting with signs . . ..”
A Defense Lawyer Criminal Trespass Law Interpretation in Adams County, Colorado
To be convicted of Criminal Trespass of someone’s nonfenced field or real estate, you must enter after being told you can’t go there – by a verbal notice, a sign or fence. Otherwise, unimproved real estate (a field) is ok to enter. The issue is, you must have some warning, or instruction, to stay off the land. A sign, a fence, or an oral statement, are all good notice to keep out. But, if the property appears open and no notice to keep out is given, you are legal to enter and hang out, as long as you don’t damage the property, and you leave if asked. This is important law for hunters or other outdoorsmen who want to travel across unmarked land.
Call our Criminal Trespass lawyers at 303-731-0719 today. Together, we can protect your future.